Help with grandfather's gift?

[lanman68]

What is the name of your state (only U.S. law)? Kentucky

Hello. I live in Kentucky and last August my grandfather deeded his home to me. We have taken care of him in his home for the last 10 years. My Aunt (his daughter) had been out of touch with the family for a while. When she learned that he had transferred the house to me, she contacted my grandfather to reconcile. She has since convinced him that I am trying to take what is hers. I'm worried that she might try to take the house. Is that possible? Thanks in advance for your help.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[momm2500]

First, it is up to your grandfather what he wants to do with the house.
Second, how is the house titled? Is your name on the Deed of the house?
Third, does he have this indicated in the will that you are getting the house?
Fourth, is he currently of sound mind and can change the will.

 

[lanman68]

Well I don't know about the will. I have the deed and it has my name on it. I think it was a quick claim deed and I checked at the court clerk and I am listed as the owner. I guess the real question is if there is a way for her to take the house after it has been transferred?
Thanks

 

[momm2500]

if your name is on the deed and no one elses, then you do not have a problem. your grandfather can not do anything if your name is the only one on the deed

 

[lanman68]

Thanks, my name is the only one on the deed. Your help has been greatly appreciated.

 

[lanman68]

Aunt is now claiming (in a phone conversation) that she has an old deed that was never filed at the court clerk...Is this something to worry about? My deed is filed and on record at the clerks office. She claims that my grandmother made it to her before she died in 1998.

 

[Jerry Bartholom]

It is not clear what has been recorded with the register of deeds. If there are conflicting deeds, it is possible that the first to record will control. It is also possible that the deed granting the home to you could contain a power to revoke the transfer. This would be the case if it were a ladybird deed--those have become more popular recently. Have you been paying the property taxes and insurance? If not, there is some chance that there is something deficient in your claim of ownership (ladybird, life estate, unrecorded, etc)

 

[tranquility]

Even though Kentucky is a race statute state (generally, first to record wins), because you were not a bona fide purchaser for value, the statute may not protect your recordation. Since a quit claim deed gives away only the rights one has, if the property was previously given away, it would probably belong to the person holding the first deed. See an attorney. I think it more likely the property is Aunt's than yours, but there are some issues here. (Was the care for grandfather compensation making it a transfer for value?)

 

[lanman68]

Well it was partially a gift and I paid him for the rest.

I called an attorney and I haven't heard back but after reading the deed a little closer I realized that it was not a quitclaim deed. It is a General Warranty of Title deed prepared by an attorney. I also read through my grandmother's will and it states that my grandfather was to receive all of her property in fee simple so hopefully it will work out in my favor. Just waiting on the official word from my attorney.

Thanks